Observación (CEACR) - Adopción: 2003, Publicación: 92ª reunión CIT (2004)

The Committee notes the information provided by the Government in response to its previous comments. It notes with interest the adoption of the new Act No. 36 of 12 May 2000 on Radiation Protection and the Use of Radiation, effective since 1 July 2000, repealing Act No. 1 of 18 June 1938 relating to the use of X-rays and radium, as well as the adoption of the Regulations of 14 June 1985 on ionizing radiation, as revised on 1 February 2001, which came into effect on 1 July 2001. The Committee notes that the Act on Radiation Protection and the Use of Radiation, 2000, lays down the general lines on radiation protection and empowers the ministry responsible to issue supplementary regulations prescribing the detailed measures to be taken to implement the respective provisions of the Act. In this respect, the Government indicates in its report that a set of regulations to be adopted under the Act on Radiation Protection and the Use of Radiation, 2000, are now in process and it is planned to put them into force on 1 January 2004. The content of the regulations is based to a large extent on the 1990 Recommendations of the International Commission on Radiological Protection (ICRP) and on Council Directive 96/29/Euratom of 13 May 1996. In the light of this and with reference to its previous comments, the Committee draws the Government’s attention to the following points.

1. Article 13 of the Convention. Emergency exposure situations. The Committee notes with interest that Chapter IV, sections 15-17 of the Act on Radiation Protection and the Use of Radiation, 2000, refers to the "Planning of incident and accident management. Emergency preparedness". It notes, in particular, section 15 empowering the ministry to impose, by way of regulations or individual decisions, on undertakings covered by the Act, the duty to establish plans for the handling of incidents and accidents and requirements with regard to exercises. Section 17 authorizes the King to issue regulations prescribing exception from dose limits and other requirements established under this Act in situations "... where implementing a rescue or civil emergency operation makes it necessary". In this regard, the Government indicates that the regulations to be adopted on this issue will replace the "non-legislative emergency planning documents", which previously addressed the issue of emergency situations. The Committee, while hoping that the new regulations will be adopted in the near future, requests the Government to supply a copy of the regulations as soon as they are adopted for in-depth examination to determine the extent to which they would give effect to Article 13 of the Convention.

2. Article 14. The Committee notes section 8, subsection 1, of the Act on Radiation Protection and the Use of Radiation, 2000, according to which persons, who because of young age, pregnancy or other reasons are particularly sensitive to radiation, shall either be assigned to tasks that do not involve exposure to radiation, or be protected by other appropriate measures. The Committee would like the Government to indicate whether section 8 of the above Act provides for the worker’s right to alternative employment possibilities, in the event that continued employment involving exposure to ionizing radiation is contraindicated for health reasons. If this is not the case, the Committee hopes that the Government will take the necessary measures to this effect. In this context, the Committee wishes to point out that the need to find alternative employment for the workers concerned is a general principle of occupational health, which appears in Paragraph 17 of the Occupational Health Services Recommendation, 1985 (No. 171), as well as in Paragraph 27 of the Radiation Protection Recommendation, 1960 (No. 114). Similarly, under Article 11, paragraph 3, of the Working Environment (Air Pollution, Noise and Vibration) Convention, 1977 (No. 148), every effort must be made to provide the workers concerned with suitable alternative employment or to maintain their income through social security measures or otherwise, where continued assignment to work involving exposure is found to be medically unadvisable. Moreover, effective protection of workers as regards health and safety against ionizing radiations, spelt out in Article 3, paragraph 1, of this Convention may require, inter alia, an offer of suitable alternative employment opportunities.

The Committee is also addressing a request directly to the Government on another point.